A collection of thoughts, ideas, and opinions independently written by members of the MSU community and curated by MSU Libraries

On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. Goldwater supported the purpose of the bill, he did not vote on the Senate’s version …

Opinion here The ICWA Appellate Clinic co-represented the tribe in this case. This case involves a complicated question of state statute interpretation regarding a voluntary consent to a termination of parental right in the face of a state termination petition. In this case, the dad consented to termination before the termination hearing. The children were …

This spring both Michigan and Oregon have changed their court rules to allow out of state attorneys to appear in ICWA cases on behalf of a tribe (Michigan and Oregon) or parent or Indian custodian (Oregon). Both waive the pro hac fees, and do not require the attorneys to associate with local counsel. Michigan’s rule, …

Here, by Pam Palmater. Canada’s numbers of Native children in care may be currently worse than pre-ICWA numbers in the United States (Task Force Four Report). The increasing number of First Nations children being placed into foster care in Canada is nothing short of a crisis. Although Indigenous children make up only seven per cent of …

Article here. This is primarily in response to the most recent action of the Paw Paw School Board to retain their racist mascot (after a particularly contentious Board meeting). Article here. This is also after the Michigan Department of Civil Rights (under the leadership of Matt Wesaw) attempted to file a complaint with the U.S. …

Here. This has been the result of years of hard work and relationship building. Eric Hemenway has done amazing work on this. “We want to show in the Biddle House that the tribes were not just these passive participants in history. They were making their own decisions, their own moves.” And here’s a kid of …

Here are the 2016 Guidelines. For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this means: 25 USC 1901 et seq (ICWA) has not changed in …

The unpublished opinion is here. The Court found that Public Act 281 (which added wolves to the list of game species) violated the Title-Object Clause of the Michigan Constitution. PA 281 was passed with the provision that kept portions of certain voter referendums even if voters rejected them: “In other words, even if voters rejected …

Here. In ICWA cases, the tribe has a right of intervention in whatever state court is hearing the case of the tribal child. While it is true that the “tribal representative” does not have to be attorneys, when they are attorneys, there may be concerns about practicing without finding local counsel or using the local “pro hac” …

Here. This is a long post, but there’s some data at the end! The Oklahoma Supreme Court wins favorite sentence in an ICWA case of 2016: “Appellants’ [State of Oklahoma and foster mother] unlearned understanding of what is binding case law and attempts to broaden holdings of this Court, the United States Supreme Court [Adoptive Couple v. …

Here. “What I saw were children being systemically removed from these communities. And I’d go to these communities, and there was no running water, and people would wonder why the kids weren’t clean, and I’d think maybe someone should do something about the water. We would see the multigenerational impacts of residential schools, and there …

From the docket: The writ of supersedeas was denied. Here. The application to transfer the case out of the court of appeals and directly to the California Supreme Court was also denied. Here. The underlying appeal against the placement order remains open in the California court of appeals. Here. What is a writ of supersedeas? …

Because of the recent media attention to ICWA, here’s a quick update and clarification of some legal details: ICWA has not been amended, updated, or changed. Ever. The same language that Congress passed in 1978 is the same language in effect today. In 2015 the Bureau of Indian Affairs updated the ICWA Guidelines for State Courts for …

Here. The Bureau of Indian Affairs is announcing availability of a draft Model Indian Juvenile Code for comment. The draft Model Indian Juvenile Code is intended as a tool to assist Indian Tribes in creating or revising their juvenile codes. DATES: Comments are due by midnight ET on May 27, 2016. See the SUPPLEMENTARY INFORMATION …

After initially granting a TRO based on an ex parte motion, the Western District of Michigan denied the requested preliminary injunction. The underlying complaint arguing the transfer provisions of the Michigan Indian Family Preservation Act (Michigan’s ICWA law) are unconstitutional. We are collecting documents in this case here. Tweet

Here. PDF copy here. From the end of the article: An Interior spokeswoman said Congress has determined it “is in the best interests of an Indian child to keep that child…with the child’s parents,” extended family and tribal community. Kathryn Fort, a lawyer with the Indigenous Law and Policy Center at Michigan State University, defends …

Here. Deleta Gasco Smith works for the Little Traverse Bay Band. She attended Holy Childhood for three years of elementary school. “When we were in the school we were actually completely forbidden to speak the language, and if we were caught, the punishment was swift and it was severe,” Gasco Smith says. Gasco Smith’s father …

Here. I took a trip to the U.P. last week to visit Brimley, a very tiny town on the shores of Lake Superior. Aside from the Bay Mills Indian Community reservation and the area’s natural beauty, there’s not much to the place aside from a couple bars, a gas station, and a motel. But the …

Not Native children specific, but an issue we’ve been talking about internally for some time. It’s a nice piece by Sarah Alverez with an interview with Vivek Sankaran. Here. Moss has not seen her grandsons since they were removed from her care and placed with another relative in a different city. She blames the system, …

Here (with photos). Nearly a hundred years ago a small animal that most people have never heard of was wiped out of the northern forest. In the mid-1980’s, wildlife biologists reintroduced the pine marten in two locations in the Lower Peninsula. They thought the population would take off and spread but it hasn’t. And now …